HomeMy WebLinkAboutResolution No. 92-C0810 0
RESOLUTION NO. 92—C81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING AN AMENDMENT TO THAT CERTAIN AGREEMENT
DATED JULY 19 1968, BETWEEN THE CITY OF AZUSA AND WESTERN
DISPOSAL COMPANY, AS AMENDED, RELATING TO THE
COLLECTION OF RESIDENTIAL GARBAGE AND RUBBISH WITHIN
THE CITY OF AZUSA.
WHEREAS, the City is authorized to provide for the collection of garbage and
rubbish within the City by exclusive agreement; and
WHEREAS, on July 1, 1968 the City entered into an agreement with Western
Disposal for the exclusive collection of all residential garbage and rubbish within the City
of Azusa by Western Disposal; and
WHEREAS, said agreement was amended on August 6, 1971; July 1, 1974;
October 4, 1976; February 4, 1980; July 11, 1983; January 21, 1985; July 7, 1986;
June 29, 1987; June 14, 1988; June 29, 1989; January 15, 1990; and May 6, 1991;
and
WHEREAS, the City Council of the City of Azusa finds and determines that for
the purpose of ensuring continued protection and preservation of the public health,
welfare and convenience of the people of the City, it is advisable to provide for the
collection of residential garbage and rubbish within the City by the exclusive agreement
with Western Disposal Company, as amended, and the amendment to said agreement
proposed by this resolution; and
WHEREAS, this action is statutorily exempt from the provisions of the California
Environmental Quality Act pursuant to Public Resources Code Sections 21083, 21087
and Section 15273 of the CEQA Guidelines in that the City Council of the City of Azusa
finds and determines that the revenue from the fees set by this resolution will be used for
the purpose of meeting increased operating expenses for the service required by the
increasing rates of the disposal contractor, and that the revenue from said fees will not
be used to specifically fund capital projects;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AZUSA AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa hereby approves the
"Amendment to Agreement" amending the agreement between the City of Azusa and
Western Disposal Company dated July 1, 1968, as amended, and authorizes the Mayor
to execute said amendment on behalf of the City in substantially the form attached hereto
as Exhibit "A".
SECTION 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 15th day of JUNE, 1992.
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I HEREBY CERTIFY that the foregoing Resolution No. 92=C81 was duly
adopted by the City Council of the City of Azusa, at a regular meeting thereof, held on
the 15th day of JUNE, 1992 by the following vote of the Council:
AYES: COUNCIL MEMBERS: DANGLEIS, MADRID, ALEXANDER, MOSES
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NARANJO
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EXIHBIT "A"
AMENDMENT TO AGREEMENT
That certain agreement entered into between the City of Azusa, a municipal corporation,
("City") and Western Disposal Company ("Contractor") dated July 1, 1968 and amended on
August 6, 1971; July 1, 1974; October 4, 1976; February 4, 1980; June 11, 1983; January
21, 1985; July 7, 1986; June 29, 1987; June 14, 1988; June 29, 1989; January 15, 1990 and
May 6, 1991 is hereby further amended to read as follows:
1. Paragraph 13 of said agreement, as amended, is hereby amended to read as follows:
"13. Payments. The City agrees to pay Contractor the sum of Eight Dollars and Nineteen
Cents ($8.19) per month per dwelling unit, effective July 1, 1992 for the full term of
this agreement, subject however to the adjustments hereinafter mentioned in this
paragraph. The number of dwelling units shall be equal to the actual number of refuse
collection units billed each month by City's utility billing computer system. Payment
to Contractor shall be made at the end of each month for the full number of units billed
by the City. The unit count shall be adjusted upward and downward on a monthly
basis according to the actual billing registers of the Utility Department. The City shall
pay the full amount of the amount due to the Contractor each month. It is agreed by
the parties, for the purpose of this agreement only, that the amount of units as of
February 29, 1992 is 12,514. The City and the Contractor may agree to a different
unit count at any time, if so appropriate. If the parties cannot agree to a unit count,
then an adjustment shall be based on the actual count made at the equal expense of both
parties."
3. Except as amended in paragraph 1 of this Amendment to Agreement, the remainder of the
agreement between the parties hereto dated July 1, 1968 and the amendments hereto dated
August 6, 1972; July 1, 1974; October 4, 1976; February 4, 1980; June 11, 1983;
January 21, 1985; July 1, 1986; June 29, 1987; June 14, 1988; June 29, 1989; January
15, 1990; and May 6, 1991 remain in full force and effect.
CITY OF AZUSA
By: OW
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a -g06 P. Moses,Kayor
Amendment to Agreement
Page 2
ATTEST:
By: /Z 1,"&d
Adol go-lis/City Cler
APPROVED AS TO FORM:
Robert Wadden, City
WESTERN DISPOSAL COMPANY